A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

[2019 Highest 1566] On May 1, 2018, the Defendant stated that “The victim’s house in Seongbuk-gu Seoul Metropolitan Government is to complete the roof flag and interior interior interior interior interior interior interior works within 20 days from the face of the week” to the victim’s house in Seongbuk-gu Seoul Metropolitan Government.

However, the facts are that the defendant is unable to complete the roof construction of another field, and it is difficult for him to complete it properly, due to the lack of money to be used as living expenses as a person with bad credit standing, and even if he receives construction payment from the victim, he did not have any intention or ability to complete the roof flag and interior interior decoration construction within 20 days.

Nevertheless, the Defendant deceiving the victim and received KRW 3,00,000 in cash from the victim on May 26, 2018. Around May 31, 2018, the Defendant acquired KRW 5,000,000 from the Defendant’s new bank account (E) with the Defendant’s name D, and around June 1, 2018, KRW 3,000,000 from the above account; KRW 2,490,00 from the F’s corporate bank account (G) with the F’s name designated by the Defendant on June 7, 2018; KRW 1,283,00,000 from the same day; and KRW 5,00,000 from the above D’s bank account with H’s name (I); and around June 11, 2018, the Defendant acquired the total amount of KRW 307,00,707,000 from the above account.

[2019 Highest 2148] On April 21, 2018, the Defendant stated, “The Defendant would have the victim’s K’s residence in Seongbuk-gu, Seongbuk-gu, Sungnam-si, that “The total construction cost of KRW 12 million will be installed on the 4th floor of the rooftop, the front gradrop, the front glass roof, the replacement and installation of drainage pipes, the external wall painting coloring work, the rooftop floor waterproofing, the rooftop floor waterproofing, the underground drash and waterproof construction by July 7, 2018.”

However, at the time, the Defendant was unable to complete the construction work on the roof of another site, and it was thought that considerable part of the construction cost received from the victim would be used at another construction site, so even if the victim receives the construction cost, the construction work shall be completed in accordance with the agreement with the victim.